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HomeMy WebLinkAbout7-14-92Planning Commission proceedings are tape recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, July 14, 1992 The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 14, 1992, at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Clark presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Amato, Daggett, Hedlund, Huang, Clark ABSENT: None MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. MINUTES MOTION It was moved by Commissioner Amato, seconded by Commissioner Huang to approve the Minutes of June 23, 1992 as published. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: Councilman Bob Margett City Attorney Michael Miller Planning Director William Woolard Assistant Planning Director Donna Butler Assistant Planner James Kasama Assistant Planner William Stokes Secretary Silva Vergel ELECTION OF OFFICERS Chairman Clark asked if there were any nominations for Chairman. MOTION It was moved by Commissioner Amato, seconded by Commissioner Hedlund to nominate Commissioner Clark as Chairman. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang NOES: None Chairman Clark opened the nominations for Chairman Pro -Tem. MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to nominate Commissioner Hedlund as Chairman Pro -Tem. ROLL CALL: AYES: Commissioners Amato, Daggett, Huang, Clark NOES: None PUBLIC HEARING TM 51399 121 -125 Genoa St. Long Dragon, Inc. Consideration of tentative map for a proposed 8 -unit condominium project. The staff report was presented and the public hearing was opened. Michael Chen, 2225 W. Commonwealth, Alhambra, the engineer of the project was present and indicated that they are in agreement with all of the conditions in the staff report. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Amato, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. Chairman Clark remarked that this is the type of a project that would look good in this area, it is large enough but yet not too large for the lot. Staff indicated that the maximum number of units allowed on this lot is eight. Commissioner Hedlund agreed but thought that the City should discourage the use of sump pumps and said that during heavy rain storms sump pumps are usually not capable of draining the water. He thought that especially in the R -3 zone, the lots should drain to the street. Commissioner Amato agreed and said that sump pumps do not work when they are most needed. Councilman Margett asked if it is the consensus of the Commission that sump pumps are not effective? Mr. Woolard said that the alternative to a sump pump would be to have a three -story building. If the City tried to limit the use of sump pumps, then the City would have to allow higher buildings; otherwise due to the height limitations, the density sould be significantly reduced. Chairman Clark remarked that this is a tentative map and the Commission should decide on the form of ownership and not the design of the building. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Amato to approve TM 51399 subject to the conditions in the staff report. Arcadia City Planning Commission 7/14/92 Page 2 ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None ABSENT: None Chairman Clark noted that there is a ten day appeal period. PUBLIC HEARING CUP 92 -007 119 E. Foothill Blvd. Kasmar Ent. for Kentucky Fired Chicken Consideration of conditional use permit adding seating for 12 persons in an existing take -out restaurant. The staff report was presented and the public hearing was opened. Don Miles, Kasmar Ent., 14815 Maywood, Chino Hills, was present and upon reviewing the conditions, indicated that they do not have adequate room in the restaurant to provide both male and female rest rooms. He said that they presently have one unisex restroom which is utilized by the employees. He asked if they were required to provide 2 handicap restrooms could they utilize the same restroom for both the customers and employees. He asked if this is a City or State requirement and if there could be any relief from this requirement. Mr. Woolard indicated that this is in the Building Code and the Planning Commission cannot grant relief from that requirement. They will not be able to have 24 seats without the restrooms. Commissioner Amato remarked that he has no problems with seating for 24 persons, but would not be in favor of the request, if they cannot provide the required restrooms. Chairman Clark agreed and said that they should comply. In response to questions from the Commission, Mr. Woolard said that these are not the plans that have been submitted to the Building Dept. for plan check. Staff said that staff visited the site at different hours and the parking was never filled to capacity. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Amato, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Amato, seconded by Commissioner Amato to approve CUP 92 -007 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None ABSENT: None Chairman Clark noted that there is a five working day appeal period after the adoption of the resolution. Arcadia City Planning Commission 7/14/92 Page 3 PUBLIC HEARING MP 92 -003 16 W. Lemon Ave. Harry Wu Consideration of modifications to construct a new 6,248 sq. ft. two -story single - family dwelling with a 603 sq. ft. attached garage. The staff report was presented and the public hearing was opened. Harry Wu, 539 W. Valley Blvd., Alhambra, the property owner explained that due to financial hardship, their permit expired. He indicated that they submitted the plans in January 1990 to the Building Dept. for the new house, long before the new regulations went into effect. They did not intend to beat the regulations by submitting early and dragging the process. They have already invested $55,000 into the project for the architect, permits, plan check fees, demolition, grading, footing and underground plumbing. He asked that they be able to utilize the existing footing and said that they would be willing to reduce the height of the building. He said that if they were approved, they would begin construction within 3 months and anticipated completing the project in one year. He felt that if they were to start all over, all the money that they have spent would be wasted and due to the real estate market, the project would not be feasible. He explained that due to lack of funds, the lot has been vacant for a long time and is an eye sore but if approval is granted, they can proceed with the project and build a house which would be an asset to the community. In response to questions from the Commission, Mr. Wu explained that he has been able to find a partner who has funds readily available to allow them to begin construction. Even though there is a for sale" sign, the property is not for sale, and said that the purpose for the sign was to determine the fair market value of the property and to be able to find a partner for the project. Joseph Tong, 3225 N. Tyler, El Monte, said that he is the consultant representing the partner who will be financing the project. He felt that the project is feasible and said that the proposed house will be very attractive and a definite asset to the community. He said that the lot has been vacant for several years and if this project is not approved, it might remain vacant even longer, thus creating a nuisance. Since they have invested a lot of money into the project, it would not be feasible to redo the foundation, because all the plumbing and sewer lines are in place. He suggested approving the project and imposing a time limit to ensure that the project would be completed in a timely manner. He explained that when they were informed that the permit expired, they were made to believe that all they had to do was to come in and pull the permit. When they came in to renew the permit, they discovered that the Code had changed and that they would have to do a complete new set of plans that complied with the new regulations. He felt that they were mislead and that it is a financial hardship, especially due to the amount of money that they have already invested into the project. In response to a question by Mr. Miller, Mr. Wu said that his partner would not participate in the project without the Commission's approval. His partner will provide the construction cost. Lucy Tai, 26 W. Lemon, spoke in opposition to the request. She felt strongly that they should comply with the regulations because the rules are for the benefit of the people and the City. To allow the modification would adversely affect the quality of living in the area. She urged the Commission to deny the project. Jane Seinsoth, 1815 S. Santa Anita, said that they brought in soil and elevated the lot, so the house that they build will be higher than the previous house. On occasion, the overgrown vegetation has been 6' tall and usually twice a year they have been by to clean up the site. She remarked that the people that built their homes in the neighborhood, all had to comply with the regulations and she could not see any reason why the applicant should be any different. She asked why they need a 3 -car garage and reiterated that they should comply with Code. Dean Yu, 1835 S. Santa Anita, said that the rear of his lot backs up to the subject lot. He said that during heavy rainstorms, his lot is flooded. He discussed the gutter in the back and said that due to the grade, the water drains to the south and towards Santa Anita and was concerned about water run off. He remarked that he has a guest house in the back of his lot and was concerned about somebody injuring themselves during Arcadia City Planning Commission 7/14/92 Page 4 construction form objects falling into their property due to the construction and the proximity of the proposed building to the property line. Edwin Johnson, 1905 S. Santa Anita, was concerned about the drainage of water and said that the water drains south from Lemon onto his property and then onto Santa Anita. He was also concerned about the requested setbacks. Commissioner Hedlund remarked that the water drains to the southeast. He wondered how the Fire Dept. would obtain access to the rear of the property in case of an emergency, if the house was built with the requested setbacks. In rebuttal, Mr. Wu said that that they submitted the plans under the old regulations and their intention was not try to undermine the new regulations or try to beat the deadline. They will comply with the height regulations but request the modifications for the side yards due to the existing building pad. It would be very costly for them to redo the whole project and in essence the money that they have already spent will be wasted. He assured the Commission that his partner has the funds available and they will be able to begin construction within 3 months. With regard to the gutters, he stated that he was not aware of the problem and said that they would maintain them and keep them clean. With regard to filling of the lot, he stated that the reason they brought in the dirt was so the water would drain onto Lemon instead of the neighbors to the south. Mr. Tong asked that the Commission give the project a chance and approve the modification. He said that the Commission's concerns can be addressed and they will be more than happy to try to accommodate the Commission. In response to a question from Commissioner Huang, Mr. Wu said that his partner has the funds readily available and upon approval, they will utilize them to begin construction. Mr. Tong further explained that if the City required, they could provide a letter of credit and availability of funds through the bank for the City. They would be willing to place the funds in a special account to assure the City that they are serious about the project and that they will finish the project in a timely manner. In response to a question by Mr. Miller, Mr. Tong said that they would be willing to sign an agreement with the City guaranteeing completion of the project. He said that they would be willing to provide a gutter at the east end of the property to help with drainage. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Hedlund stated that minimal work was done when the permit was active and he believed that that was done to beat compliance with the new Code and to keep the permit in place. He said that since the permit has expired, they should comply with the new regulations. Commissioner Daggett agreed and said that due to the size of the lots, they could easily comply with the new setback regulations without needing modifications. Commissioner Amato also agreed and said that they should comply with Code. Commissioner Huang sympathized with the applicant and felt that the money that they have spent warrants approval and if they are denied, it would be a hardship. He thought that they did not intend to beat the Code and said that they submitted their plans nine months prior to the new Codes becoming effective. Arcadia City Planning Commission 7/14/92 Page 5 Mr. Woolard said that there is no way of proving their stated expenditures. Commissioner Daggett could not sympathize with the applicant and said that the money spent is not an issue and would not be an adequate reason to approve the project. He felt that they should comply with Code. Chairman Clark said that he also sympathizes with the applicant, but that is not a good enough reason to approve the project_ He said since the Code changes, several requests have been made for modifications, and they have all been denied. He did not intend to set a precedent by approving the request. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Hedlund to deny MP 92 -003. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Clark NOES: None ABSENT: None ABSTAIN: Commissioner Huang Commissioner Huang explained that he abstained from this item because he cannot confirm how much they have spent. Chairman Clark noted that there is a five working day appeal period. AUDIENCE PARTICIPATION None RESOLUTION 1485 A resolution granting CUP 92 -006, to operate a language center at 11 W. Duarte Rd. Mr. Woolard read the title of the resolution. MOTION It was moved by Commissioner Amato, seconded by Commissioner Huang to adopt Resolution 1485 and to formally affirm the decision of June 23, 1992 and the votes thereon. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None ABSENT: None Chairman Clark stated that there is a five working day appeal period. Arcadia City Planning Commission 7/14/92 Page 6 MATTERS FROM COUNCIL Councilman Margett complimented the Commission on the way they handled the modification. He said that he liked the idea that the Commission considered the rules and regulations and was objective in its decision making, rather than being subjective. He said that in this case, the proposed Architectural Design Review (ADR) process would be very helpful and would help eliminate similar situations. Chairman Clark agreed that the ADR process would be effective and said that if the City chose to have an ADR process, then a new ADR board should be created. With regard to the ADR process, staff said they have a lot of background information from previous surveys which will be very helpful. Mr. Woolard said that the residents from the south part of the City approached the Council and inquired about creating a homeowners association. They were informed that they were required to provide a petition with 60% of the residents from the south part of the City in favor of the request. They worked long hours and tried hard to reach the 60% goal but were unsuccessful. Approximately 7 -9 homes have been completed under the new Code and some are still in the paper work process. Councilman Margett said that he would like to get away from the "monster homes" and thought that maybe in the ADR procedures, they can utilize words, similar to ones used in the five existing homeowners associations, such as "garfish", in reviewing homes. He thought that the general wording could include items such as no turrets, etc. He felt that the south part of City, suffers from lack of representation. Commissioner Hedlund said that he is disappointed in seeing fences, lights atop walls, or wrought iron fences in the front yards and said that the proposed ADR procedure would enable them to review that and this would be the least infringement of the ADR process. He said that he likes the open feeling in the front yard area and dislikes fences in the front yard. He indicated that the reason they haven't seen more homes built under the new Code, is probably due to the economy. Commissioner Daggett said that a list of dos and don'ts could help with the proposed ADR process. Chairman Clark said that the City can appoint qualified persons to serve on the ADR board and provide them with general terms and guidelines. Mr. Woolard said that the one problem that the existing homeowners associations are having is to find qualified professionals, such as designer, engineers and architects to sit on these boards to review the projects. Staff said that when they were working on the creation of the homeowners association in the south part of the City, they anticipated approximately 20 applications a month and explained that would mean a lot of staff and volunteer time for the review process. Commissioner Amato suggested trying the process and if it did not work to discontinue it. Mr. Woolard explained that it would be very costly to implement this and would require additional staff due to the additional work load. MATTERS FROM COMMISSION Commissioner Daggett indicated that he will not be at the next meeting, since he will be overseas. Arcadia City Planning Commission 7/14/92 Page 7 MATTERS FROM STAFF Planning Commission Determination Spencer Recovery Center -180 W. Huntington Dr. Ms. Butler presented the staff report. MOTION It was movedby Commissioner Hedlund, seconded by Commissioner Amato making the determination that including men at this center is consistent with the original conditional use permit which was to provide a residential care facility for counseling and rehabilitation to persons with drug and alcohol related problems. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None ABSENT: None Chairman Clark stated that there is a five working day appeal period. ADJOURNMENT 9:00 p.m. .4,i._Yt, %rr tit Secretary, Arcadia Planning Commission Arcadia City Planning Commission 7/14/92 Page 8